Question

On March 1 2012 Philip inherited a property in inner Sydney at 151 Temple Street from his Aunt. The property had been used for commercial purposes but as the area was central to his job as an interior designer he decided to move in immediately and renovate to convert to residential accommodation. The property was valued by the Aunt’s deceased estate at $370,000. Philip borrowed $100,000 on 1 April 2012 at fixed interest of 5.5% per annum payable over twenty years to finance the renovation.

In September 2014 Philip married Kim, a plumber, and they resided in the now completely renovated property, paying out the loan early on 1 April 2016. On 1 July 2017 they purchased jointly an adjacent property, 153-155 Temple Street, for $850,000, which was significantly larger with the view to develop it into two residential properties. They purchased this property using savings of $30,000 and a loan of $960,000 (legal and other costs to purchase were $40,000 and the balance was borrowed to finance the first stage of the renovation) and using the equity in the renovated property at 151 Temple Street which was valued to obtain the loan at $800,000, as further collateral. They again opted for a fixed interest rate, 4.7% per annum with the loan maturing in 30 years. They continued to live in the original property until they had completed the first phase of the renovation at 153 Temple on 1 August 2019. The renovation had come in on budget at a cost of $100,000. They were so pleased with the renovation and the larger residence it offered they decided to move from the original property on 1 August 2019 and rented 151 Temple for $759 per week to a cousin from 7 August 2019. The rental payment was approximately 10% below market in exchange for the cousin providing labour for the renovation of the remaining property.

Despite the rental income they are concerned that the next phase of the renovation is taking too long and are considering selling a property to raise funds quickly to complete the work. A local real estate agent has indicated 151 Temple St could be sold for $1 million and the more recently renovated 153 Temple St would sell for $1.3 million.

Required

Advise Philip and Kim of the tax implications of selling either property and any amount that would be included in the calculation of taxable income by Philip and Kim (you are NOT required to calculate any possible tax payable).

Your advice is to take the form of a report (adopting ILAC style) which will form part of the client work papers and should include a recommendation based on the known facts provided above as well as identifying any additional information that should be requested prior to providing any advice to the client. (15 marks)

Answer 1

Issue.

Philip & Kim are willing to sell their property on Sydney at 151 Temple Street at market price of 1 Million. They are here to know implication of Capital Gain Tax on transaction.

Philip inherited this property from his deceased Aunt on March 1 2012, He Moved in on 1 Apr 2012. He Got Married To Kim in September 2012. He stayed there for more than 6.5 years.

On July 2017 Couple purchased adjacent property, 153-155 Temple Street, for $850,000, on. They continued to live in the original property until they had completed the first phase of the renovation at 153 Temple on 1 August 2019.

1 August 2019 and rented 151 Temple for $759 per week to a cousin from 7 August 2019.

Despite the rental income they are concerned that the next phase of the renovation is taking too long and are considering selling a property to raise funds quickly to complete the work. A local real estate agent has indicated 151 Temple St could be 1 Million.

Law

Capital Gain Tax is not applicable on property used as home for more than a year. However, if property is rented in between buying & selling of property. Tax will only applicable to proportionate to duration it was rented.

Application

Capital Gain Tax exemption on home is Law is simply applicable. Tax will only applicable to proportionate to duration it was rented.

Conclusion

As couple as stayed there for 6.5 years’. So considering it as their home. They get exemption from CGT. Tax will only applicable to proportionate to duration it was rented.